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2nd Circ. Ruling Presents Risks For Drug Cos. In Litigation

Law360, New York (December 4, 2012, 11:01 PM EST) -- Drugmakers that promote their products for off-label uses following the Second Circuit's landmark ruling on Monday could find themselves without their go-to defense in some personal injury lawsuits, attorneys say, since securing preemption when the use of a drug is not federally approved will likely prove a formidable task.

The appeals court overturned the conviction of a pharmaceutical sales representative who promoted the Jazz Pharmaceuticals PLC drug Xyrem for uses not approved by the U.S. Food and Drug Administration, ruling it violated the First Amendment. If...
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